God's Fury, England's Fire_ A New History of the English Civil Wars - Michael J. Braddick [117]
Hotham’s position had not been an enviable one. His defence against the charge of rebellion rested on a well-established (though now rather incredible) line of argument. In January, when Parliament had sent him to take control of Hull, the order had been not to deliver it without ‘the King’s authority signified unto him by the Lords and Commons now assembled in Parliament’. The King, and some Members of Parliament, could not believe that this stretched to refusing entry to the King himself, and he rather cleverly put Hotham in the position of arguing that it did. The justification was that the authority of the King was separate from his physical body, that his authority could be present where his private person was not. For example, when a judge gave a judgement in court, it was considered to be the King’s judgement, underpinned by royal authority, even if the King did not agree with it. The argument went, therefore, that Parliament could express itself with the King’s authority in ways with which the King as an individual disagreed. All very clever, but rather cleverly nailed by Charles in a subsequent proclamation: ‘these persons have gone about subtly to distinguish betwixt our person and our authority, as if, because our authority may be where our person is not, that therefore our person may be where our authority is not’. For him the case was clear – these people were in open rebellion against him.23
Although he scored a fundamental political point, Charles had lost the arsenal. He had also by this time lost Portsmouth, the other great provincial arsenal, and the navy. After his initial departure from London in January it seems fairly clear that Charles was manoeuvring to take control of Portsmouth but it was for the time being under the command of George Goring on behalf of Parliament.24 Parliamentary attempts to influence the choice of naval commanders had been going on since 1640. In March 1642 the Lord High Admiral, Lord Northumberland, declared himself too unwell to go to sea and was persuaded by the House of Lords to nominate the Earl of Warwick in his stead. Warwick’s naval credentials were good, but his political and religious views persuaded the King to resist this nomination. He sought instead to secure the appointment of Sir John Pennington, a man who had commanded the fleet since 1639. Parliament launched an investigation of his conduct as a means of subverting this appointment, and persuaded Northumberland to confirm Warwick’s appointment on 4 April. The King, faced with a fait accompli, even failed to accept